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Ray, Lawyer

Category: Legal

Satisfied Customers: 30797

Experience: 29 years in civil, probate, real estate, elder law

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My mother has been living with my step-father since 5/1983.

Resolved Question:

My mother has been living with my step-father since 5/1983. They were never legally married. My dad has battled with prostate cancer for many years which has now metastasized throughout his body. As difficult as it is to write my step-father is not getting any better and to make matters worse he is also batteling dementia. There are biological children, who rarely come around and forget about helping! My thoughts are what will happen to the home my mother shared with my step-father for all theses years? It is not much, however, it is a roof over her head and a place memories were built. The home is only in my fathers name.

Hi and welcome to JA. I am Ray a licensed lawyer and will be assisting you today.

RayAnswers :

My sympathy here for your situation and dilemma.

RayAnswers :

Here if the house is in husband's name it passes either under his will or if no will by the PA laws of intestacy.

RayAnswers :

Here are the laws of intestacy.

RayAnswers :

If you die with:

here’s what happens:

children but no spouse

children inherit everything

spouse but no descendants or parents

spouse inherits everything

spouse and descendants from you and that spouse

spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance

your descendants inherit everything else

spouse and descendants from you and someone other than that spouse

spouse inherits 1/2 of your intestate property

descendants inherit everything else

spouse and parents

spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance

parents inherit remaining intestate property

parents but no spouse or descendants

parents inherit everything

siblings but no spouse, descendants, or parents

siblings inherit everything

RayAnswers :

Unfortunately unless he wills i to her then the kids would inherit everything.He could still marry her at this point and she would then inherit a spousal share.

RayAnswers :

You are correct to be worried about this situation.Your mother is at risk of not inheriting unless they marry here or he has willed her his house.

RayAnswers :

I wish I had better news for you but as you can see under the law she is very much at risk.

RayAnswers :

Actually sh might have common law claim here.

RayAnswers :

In Pennsylvania, common law marriages that were created before January 1, 2005 are recognized. If you met Pennsylvania's criteria for common law marriage before January 1, 2005, then you are legally married and you will be treated as a married couple for legal purposes, including the requirement that you get a legal divorce in order to end your relationship. In order to have a valid common law marriage, a couple must have intended to be married, must have lived together for a significant period of time, and must have held themselves out as a married couple

RayAnswers :

If they were together prior to Jan 1. 2005 and held themselves out as common law she might have a claim there for her spousal share.She woudl have to prove this up in probate court.

RayAnswers :

So keep that in mind as a last resort.You can argue they were common law married here , note that common law has been abolished as of the 1/1/2005 forward so she woudl have to prove they were common law prior to this date.

RayAnswers :

Please let me know if you have more follow up.I appreciate the chance to help you today.Thanks again.

Customer:

No, there is no will and although they are looked upon as husband and wife, he does have dementia and i believe the children would argue a legal binding marriage at this point.

RayAnswers :

Reference for you here --she could prove up the relationship prior to 20015 you say they have been together since 1983..

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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